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home > radio > maine news > news story Maine NewsHoffman Seeks Stay of Signature Ruling An attorney for a retired Ogunquit psychologist who wants to be an independent candidate for the U.S. Senate is asking the state's highest court to stay a ruling that took his client off the ballot last month. The Maine Supreme Judicial Court concluded that Herbert Hoffman had not obtained enough signatures to appear on the fall ballot along with Democratic nominee Congressman Tom Allen and Republican incumbent Susan Collins. But John Branson, Hoffman's attorney, says the law court should set aside its ruling until his client can petition the United States Supreme Court for a review of the decision. After the Maine Supreme Judicial Court knocked independent Senate candidate Herbert Hoffman off the ballot last month, some election watchers thought that was the end of the retired psychologist's court battle. They were wrong. Instead of closing the Hoffman case at the state's highest court, there's a new addition to his file.” It is a motion for a stay of the Maine Supreme Court’s mandate so as to afford Mr. Hoffman the meaningful opportunity to seek United States Supreme Court revue of the decision.” John Branson, a Portland attorney, is representing Hoffman in his motion before the law court. Last week, the Maine Supreme Judicial Court sided with the Maine Democratic Party which argued that Hoffman had not properly administered his oath as a circulator for his own nominating petitions. The court threw out three of Hoffman's petitions which brought the total number of signatures below the amount required under Maine law. In the process, Branson believes his client's federal constitutional rights were violated. “In this particular case, the Maine Supreme Court has construed and applied Maine law in a manner that tramples upon the federal Constitutional rights of Mr. Hoffman, thousands of Maine voters who validly signed his petitions, and other members of the electorate who seek to engage in political expression or association through the nomination of non-party candidates to federal or state office.” Branson maintains the court should set aside its ruling to allow the U.S. Supreme Court time to review the case. In the interim, the attorney says Maine Secretary of State Matthew Dunlap should prepare for all possibilities. “That may mean that the Secretary of State may be required to hold off on printing ballots until such time as the United States Supreme Court has addressed the matter. The state may be required to segregate federal ballots from state ballots and print two alternate sets of federal ballots, one with Mr. Hoffman’s name on it, one without his name on it.” Rebecca Pollard, spokeswoman for the Maine Democratic Party says party leaders won't be commenting on the Hoffman motion until the U.S. Supreme Court decides whether to hear the case.
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